Teacher not initially aware of grading duty
Bert Dube had been teaching an engineering class at Confederation College for one semester and claimed he did not receive credits from the employer for marking exams.
Because it was Dube’s first time teaching the course, he was not initially aware of his duty to grade a particular set of students exams. However, he was eventually informed and carried out the task accordingly, which took about 20 hours.
The college argued it would have taken about 20 minutes per exam, a much shorter estimation.
The test was not part of the collective agreement because it was offered as an optional test that students could take and elect to count for 75 per cent of their final grade.
The employer said because it was not included in the collective agreement, it was not required to compensate like other regular course work.
Dube and the union argued that marking the exams was an atypical assignment, that would have been covered in the “local agreement” which pertained specifically to that college. The marking process was covered in that agreement, which made it voluntary, but also provided for sufficient notice that the additional work be included in the overall compensation.
Arbitrator Tanja Wacyk agreed with the union, but with some caveats.
“Accordingly, while Mr. Dube argued he spent 19.75 hours on exams and related work, it would be inappropriate to use that as the measure of his compensation. Nor is it appropriate to use the college’s estimate of approximately 20 minutes per exam,” she said.
“However, in these narrow circumstances, I find it is appropriate Mr. Dube be compensated in some measure for the preparation time he lost leading up to the teaching period, and had to spend within the one week he was required to complete the exam work.”
Reference: Confederation College and the Ontario Public Service Employees Union (OPSEU) Local 732. Tanja Wacyk — arbitrator. Peter Kyzyl for the union, Wallace Kenny for the employer. March 22, 2016.
Because it was Dube’s first time teaching the course, he was not initially aware of his duty to grade a particular set of students exams. However, he was eventually informed and carried out the task accordingly, which took about 20 hours.
The college argued it would have taken about 20 minutes per exam, a much shorter estimation.
The test was not part of the collective agreement because it was offered as an optional test that students could take and elect to count for 75 per cent of their final grade.
The employer said because it was not included in the collective agreement, it was not required to compensate like other regular course work.
Dube and the union argued that marking the exams was an atypical assignment, that would have been covered in the “local agreement” which pertained specifically to that college. The marking process was covered in that agreement, which made it voluntary, but also provided for sufficient notice that the additional work be included in the overall compensation.
Arbitrator Tanja Wacyk agreed with the union, but with some caveats.
“Accordingly, while Mr. Dube argued he spent 19.75 hours on exams and related work, it would be inappropriate to use that as the measure of his compensation. Nor is it appropriate to use the college’s estimate of approximately 20 minutes per exam,” she said.
“However, in these narrow circumstances, I find it is appropriate Mr. Dube be compensated in some measure for the preparation time he lost leading up to the teaching period, and had to spend within the one week he was required to complete the exam work.”
Reference: Confederation College and the Ontario Public Service Employees Union (OPSEU) Local 732. Tanja Wacyk — arbitrator. Peter Kyzyl for the union, Wallace Kenny for the employer. March 22, 2016.
